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Summary: 439 B.R. 92 (2010) In re ALMA ENERGY, INC., Debtor. FACTS Alma Energy, LLC (the "Debtor") acquired rights in 2005 and 2006 to mine coal on two tracts of land in Pike County, Kentucky, known as the "Pocahontas Leases." Following the filing of the Debtor's chapter 11 petition, the Debtor, THC, and KCV I entered into a settlement agreement for the purpose, at least in part, of allowing the Debtor to resume the mining operations. Following review of the settlement agreement entered into by the Debto......read more.


Summary: 209 B.R. 435 (1997) In re WILLIAM CARGILE CONTRACTOR, INC., Debtor. Norman SLUTSKY, Trustee of William Cargile Contractor, Inc., Plaintiff-Appellant, v. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY INC., et al., Defendants, Western Steel Erection, Inc., Defendant-Appellee. JURISDICTION AND STANDARD OF REVIEW In an order entered on March 28, 1997, this Bankruptcy Appellate Panel determined that the bankruptcy court order vacating the default judgment was not a final order, and the Trustee was......read more.




Summary: 326 B.R. 683 (2005) In re GASEL TRANSPORTATION LINES, INC., Debtor. Volvo Commercial Finance LLC the Americas, Appellant, v. Gasel Transportation Lines, Inc., Appellee. I. ISSUES ON APPEAL The issue presented is whether the bankruptcy court erred in determining that the appellant is not entitled to allowance of an administrative expense claim as a result of the debtor in possession's postpetition use of trucks in which the appellant holds security interests. JURISDICTION AND STANDARD OF REVIEW A......read more.


Summary: 286 B.R. 622 (2002) In re James R. HOLLINGSHEAD, Debtor. The Tennessee Department of Agriculture ("TDOA") appeals the decision of the bankruptcy court finding that TDOA's statutory lien on the Debtor's 2000 cotton crop does not have priority over the liens of two creditors that are also secured by the Debtor's 2000 cotton crop. I. ISSUES ON APPEAL Whether the bankruptcy court erred in finding that TDOA does not have an automatic, superseding statutory lien pursuant to subsections (b) and (c) of ......read more.


Summary: 378 B.R. 518 (2007) In re William COCANOUGHER and Tina Cocanougher, Debtors. In this appeal, the Appellant, Citifinancial Mortgage Co., Inc., f/k/a Associates Home Equity Service, Inc. as successor in interest to MG Investments, Inc. ("Citifinancial"), appeals the bankruptcy court's judgment voiding Citifinancial's security interests in real estate owned by the Debtors, William and Tina Cocanougher. The bankruptcy court voided the mortgages based on its finding that both mortgages were defective......read more.


Summary: 214 B.R. 148 (1997) In re Donald and Hazel ELLIOTT, Debtors. NATIONAL CITY BANK, Plaintiff-Appellant, v. Donald and Hazel ELLIOTT, Defendants-Appellees. A Chapter 13 debtor's right to redeem a vehicle under section 1309.49 of the Ohio Revised Code constitutes a sufficient equitable interest to cause the vehicle to be property of the bankruptcy estate. I. ISSUE ON APPEAL Is a vehicle that has been retitled to a secured creditor following repossession, but that is still subject to the debtors' rig......read more.


Summary: 440 B.R. 761 (2010) In re Evonne M. GIAIMO, Debtor. In this appeal, Maureen Perfect, Executor of the Estate of Veronica O'Keefe ("O'Keefe") appeals the bankruptcy court's order granting summary judgment on the Trustee's complaint to avoid her lien on the vehicle of chapter 7 debtor, Evonne Giaimo ("Debtor"). FACTS On June 11, 2009, Evonne M. Giaimo ("Debtor") filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. On August 9, 2009, the Trustee filed an adversary complaint,......read more.




Summary: 306 B.R. 186 (2004) In re BUCKEYE STEEL CASTINGS COMPANY, INC., Debtor. Transportation & Transit Associates, Appellant, v. Columbus Steel Castings Company, Appellee. FACTS On December 20, 2002, Buckeye Steel Castings Company, Inc., and certain affiliated corporations ("Debtor") filed voluntary Chapter 11 bankruptcy petitions. On February 14, 2003, the bankruptcy court entered an order approving the sale, free and clear of liens and other claims, of substantially all of the Debtor's assets to Col......read more.


Summary: 389 B.R. 518 (2008) In re Ralph Hartford KIMBRO, Jr. and Patricia Ann Kimbro, Debtors. Henry E. Hildebrand, III, Trustee, Appellant, v. Ralph Hartford Kimbro, Jr. And Patricia Ann Kimbro, Debtors-Appellees. This appeal requires the Panel to decide whether in the means test of 11 U.S.C. §.707(b)(2)(A)(ii)(I), a debtor may deduct an "ownership expense" for a vehicle that is subject to neither secured debt nor a lease. DISCUSSION The issue of whether a debtor may deduct a vehicle ownership expense ......read more.




Summary: 254 B.R. 149 (2000) In re John W. SCHULTZ, Debtor. Allied Domecq Retailing USA, et al., Plaintiffs-Appellees, v. John W. Schultz, Defendant-Appellant. On May 8, 2000, the attorney for the Appellant John W. Schultz ("the Debtor") filed a motion in the bankruptcy court for an extension of time to file an appeal of the bankruptcy court's April 21, 2000 order denying the Debtor's general discharge. The bankruptcy court denied the motion, finding that the Debtor had not demonstrated excusable neglect......read more.






Summary: 209 B.R. 698 (1997) In re Kent M. KLINGSHIRN, Debtor. Kent M. KLINGSHIRN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. OPINION The bankruptcy court granted summary judgment to the debtor and denied summary judgment to the United States, holding that the government's tax claim was time-barred pursuant to the parties' agreement. Klingshirn v. United States (In re Klingshirn), 194 B.R. 154 (Bankr.N.D.Ohio 1996). The bankruptcy court's order granting summary judgment to Klin......read more.






Summary: 228 B.R. 179 (1999) In re Daniel P. RUDNICKI and Laura Rudnicki, Debtors. Daniel P. Rudnicki and Laura Rudnicki, Plaintiffs-Appellees, v. Southern College of Optometry, Defendant, United Student Aid Funds, Inc., Defendant-Appellant. FACTS The Debtor, David P. Rudnicki, received student loans from Southern Ohio College of Optometry ($5,700 and $8,600), Ameritrust ($900), and Sallie Mae ($25,000).